Case law

Hunter v. WSOS Community Action Commission (In Re Nolen)

175 B.R. 214 · United States Bankruptcy Court, N.D. Ohio · Sep 13, 1994

Thus, a review of the Plan clearly demonstrates that it is subject to ERISA. Third, the Plan satisfies the anti-alienation requirement of ERISA under 29 U.S.C. § 1056 (d)(1). … The Code provisions noted above clearly indicate that the method of calculation does not effect the “pension plan” status of a plan.

In Re Stoecker

103 B.R. 182 · United States Bankruptcy Court, N.D. Illinois · Jul 26, 1989

Stoecker bears the burden of establishing that the privilege properly applies to either the documents or the act of production. … A mere blanket conclusory assertion does not establish a proper basis to apply a privilege against the documents or the production.

Hudtwalker v. United States Department of Energy (In Re Vantage Petroleum Corp.)

25 B.R. 471 · United States Bankruptcy Court, E.D. New York · Dec 7, 1982

Hudtwalker as Trustee after it was established that the Iorizzos had defrauded their creditors out of millions of dollars. See In re Vantage Petroleum N.J. … Without attempting to define the parameters of what the test for the issuance of a section 105 injunction should be, the Court is convinced the Trustee has established justification in this case.

Alston v. State Board of Medical Examiners (In Re Alston)

236 B.R. 214 · United States Bankruptcy Court, D. South Carolina · Jun 18, 1999

As to the allegations seeking injunctive relief, the Amended Answer states “[t]hat, even if the Plaintiff is successful in establishing violation of the applicable provisions of the Bankruptcy Code, which is denied, the only … As stated above, the state wide regulatory function of the State Board, among other reasons, indicates that the State is the real party in interest in these proceedings and thus this proceeding is clearly distinguishable

In Re American Coastal Energy Inc.

399 B.R. 805 · United States Bankruptcy Court, S.D. Texas · Jan 15, 2009

The TransAmerican opinion only held that a claimant may establish that its claim qualifies as an administrative expense under § 503(b)(1)(A) by demonstrating that the claim arose from a transaction with the debtor-in-possession … Since they clearly will not do so unless their claims for payment will be paid ahead of the pre-petition debts ...

TPI International Airways, Inc. v. Federal Aviation Administration (In Re TPI International Airways, Inc.)

141 B.R. 512 · United States Bankruptcy Court, S.D. Georgia · Jun 24, 1992

Section 106(a), the section applicable here, clearly provides that Congress has waived sovereign immunity of a governmental unit only when the following conditions are met: (1) the estate has a claim against the governmental … Though it, too, waives sovereign immunity, it fails to establish unambiguously that the waiver extends to monetary claims. 112 S.Ct. at 1015 .

Sacred Heart Hospital v. Commonwealth Department of Welfare (In Re Sacred Heart Hospital)

199 B.R. 129 · United States Bankruptcy Court, E.D. Pennsylvania · Aug 15, 1996

Thus, amended § 106 clearly abrogated governmental immunity of all bodies, including those of states. … Although the ... bankruptcy laws have existed practically since our nation’s inception, ... there is no established tradition in the lower federal courts of allowing enforcement of those federal statutes against the States

Colon v. Hart (In Re Colon)

102 B.R. 421 · United States Bankruptcy Court, E.D. Pennsylvania · Jul 11, 1989

Iti Smith, Penn-DOT contended that guilt could only be established by paying the fine or appearing in Traffic Court in Connecticut and pleading guilty. … Defendants assert such immunity. In Penn Terra Ltd. v.

Prudential Lines, Inc. v. United States Maritime Administration (In Re Prudential Lines, Inc.)

79 B.R. 167 · United States Bankruptcy Court, S.D. New York · Sep 29, 1987

MarAd with respect to asbestosis claims asserted against PLI by its crewmen, (ii) waive the right to seek additional ODS in the event actual costs exceed negotiated costs, (iii) accept an unfavorable base rate cycle to establish … Since this decision is limited to this Court’s jurisdiction and that issue is clearly a core matter, we make no determination of whether the underlying dispute, other than the equitable subordination claim which is clearly

Dana Commercial Credit Corp. v. Nisselson (In Re Center Teleproductions, Inc.)

112 B.R. 567 · United States Bankruptcy Court, S.D. New York · Mar 29, 1990

Bankruptcy trustees, as quasi-judicial officials, derive qualified immunity with respect to the exercise of business judgment under lawful authority. Weissman, 47 B.R. at 466 ; c.f., Bradford Audio Corp. v. … It is established that G.E.M. knew that the Schedule it prepared was to be sent to Dana.

Ellis v. United States Department of Homeland Security (In re Ellis)

493 B.R. 818 · United States Bankruptcy Court, D. Colorado · May 13, 2013

federal sovereign immunity. 31 Congressional waiver is valid only if a statute provides “a clear statement from the United States waiving sovereign immunity” in terms that are “unequivocally expressed.” 32 In 11 U.S.C. § … OPM is authorized to establish minimum investigative requirements correlating to risk levels.

Matter of Rivera

5 B.R. 313 · United States Bankruptcy Court, M.D. Florida · Jul 23, 1980

all relevant facts of *316 each case warrants the conclusion that the claimant qualifies to be the head of a family. … In order for the Debtor to be able to establish himself as a “head of a family” he must be able to establish a family relationship based on cohabitation with an unmarried woman.

Freudenmann v. Drainage District 2 (In Re Freudenmann)

76 B.R. 600 · United States Bankruptcy Court, S.D. Texas · Jul 27, 1987

Clearly the District has express authority to sue and to be sued in its corporate name. Equally clear is the fact that the District is concerned only with local as opposed to statewide problems. … In order to limit that jurisdiction and allow litigation in a different forum, the parties must establish that justice would be best served by the court abstaining.

In Re Layton

220 B.R. 508 · United States Bankruptcy Court, N.D. New York · Apr 3, 1998

“[I]t is long established that a state’s participation in a bankruptcy proceeding can trigger a waiver of immunity.” In re 995 Fifth Ave. Associates, 963 F.2d at 507 . … The 1996 county taxes clearly constitute a pre-petition obligation for all the Debtors.

Jones v. Internal Revenue Service (In Re Jones)

206 B.R. 614 · United States Bankruptcy Court, District of Columbia · Mar 26, 1997

In Taylor, the IRS claimed to have a lien on the debtor’s ERISA-qualified pension benefit accounts. … Having done neither, the court concluded that “the mere filing of tax liens effected no transfer of interests in a qualified plan” and thus that the IRS “lien is inchoate, vis a vis the accounts.”

Liebersohn v. Internal Revenue Service (In re C.F. Foods, L.P.)

265 B.R. 71 · United States Bankruptcy Court, E.D. Pennsylvania · Aug 3, 2001

Accordingly, Congress amended § 106(a) by setting forth specific Bankruptcy Code sections, including § 544, to express, clearly and unequivocally, its intent that governmental units be subject to monetary judgments under … ’s sovereign immunity.

In Re Ristic

142 B.R. 856 · United States Bankruptcy Court, E.D. Wisconsin · Jul 6, 1992

The burden of proof is upon the debtor to establish confirmation of a good faith plan under § 1325. … Nothing prevents him from filing a chapter 13 petition after he becomes re-established in society.

Henderson v. Woolley (In Re Woolley)

288 B.R. 294 · United States Bankruptcy Court, S.D. Georgia · Nov 2, 2001

The court dismissed two counts, Ruling on Def.’s Mot. to Dismiss at 5-6 (July 27, 1993), and certified the question of parental immunity for sexual abuse to the Connecticut Supreme Court, which advised that parental immunity … In the prior case, the conclusions established in the Ruling on Damages were integral to the award of damages.

In Re Byrd

256 B.R. 246 · United States Bankruptcy Court, E.D. North Carolina · Nov 16, 2000

Younger established a three-part test to determine under what circumstances a federal court may enjoin a state court proceeding. … This proceeding also does not qualify as a suit against one of the United States.

May v. United States (In Re May)

247 B.R. 786 · United States Bankruptcy Court, W.D. Missouri · May 1, 2000

May opened or established this account at the People’s National Bank and Trust in Lewisburg, Kansas. … Clearly, May was aware of his duty to pay taxes as shown by the fact that he filed federal income tax returns until tax year 1979.